A divorce decree cannot order a party who wants to file a modification to pay the other parent $25,000 on the date the modification is filed or face dismissal.

Unbelievably, the trial court followed this provision and dismissed the wife’s modification suit. The San Antonio Court of Appeals did not reach the issue on whether this provision is void as against public policy and instead held that the provision violates Family Code Sec. 154.124(c) which says agreements concerning child support are not enforceable as a contract. Since this provision limited the mother’s ability to seek modification of child support, it was not enforceable and the case should not have been dismissed.